Friday, Aug. 31, 2001 | 8:32 a.m.
Permits
Applications for a state permit to use marijuana for medical purposes can be obtained starting Sept. 24 by writing to Cecile Crofoot, Nevada Department of Agriculture, P.O. Box 948, Carson City, NV 89702-0948.
CARSON CITY -- The program to allow those with chronic illnesses such as AIDS or cancer to use medical marijuana for relief has cleared its final state hurdle.
Starting Sept. 24, people will be able to seek applications to sign up for the program and begin growing their own plants.
The state Board of Agriculture on Thursday, with some members expressing reservations, voted unanimously for regulations that set up the machinery on how the program will work.
Board member Jim Johnson said, "We're going into uncharted territory with this. But let's get it going and find out where the problems are."
Nevada voters overwhelmingly at two elections voted to allow those with debilitating medical conditions to use marijuana to ease pain.
An individual would get a recommendation from his or her doctor and then apply to the state Department of Agriculture. The person would have to undergo a fingerprint check at the local police station to make sure he did not have a prior conviction on drug sales.
Once approved by the department, the person would get a card from the state Department of Motor Vehicles, which permits the possession of 1 ounce or less of marijuana plus seven plants -- three of them mature and four immature, without fear of criminal prosecution.
A mature plant, under the regulations, is described as one with flowers or buds.
Don Henderson, assistant director of the agriculture department, who conducted the four public workshops or hearings, said, "There are a lot of people interested in this."
Henderson was asked by a board member how a bed-ridden person would get a card. He replied the department would send a representative to the home to take the photo and process the application.
Even though this is in the Nevada Constitution, Henderson said those applying were subject to federal prosecution. But he said the federal government has not made efforts to arrest people in nine other states with similar laws.
Board member John Cooper questioned why the Legislature put the licensing function in the department of agriculture. He suggested this program was on "a slippery slope," and he wondered who would police the doctors who might be too lenient in recommending approval.
Henderson said the state Board of Medical Examiners would oversee the physicians.
One of the controversial parts of the regulation dealt with caregivers who would help the person with the debilitating illness. They would also have to get a permit. The regulation says the caregiver can have only one patient.
Henderson said the department didn't want a caregiver caring for 10-15 people and growing that marijuana in his back yard. At the public hearings, witnesses said caregivers are hard to come by. And caregivers would not be able to make a living off caring for only one patient.
It will be up to the individual to find the seeds to grow the plant.
Once the agriculture department approves the application, the individual will be notified. And that letter will serve as a 30-day permit to use the marijuana. But the person would still have to get a license from the state Department of Motor Vehicles.
And these permits must be renewed every year. But there will be no requirement for a person to get fingerprinted more than once.
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